J.M. SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed under Section 2(1) of the Madhya Pradesh Uchcha Nayalaya (Khand Nayayapeeth Ko Appeal) Adhiniyam, 2005 seeking exception to an order dated 5.9.2012 passed in W.P. No. 8403/2007 passed by the Writ Court and also to set aside the order dated 24.3.2007 compulsorily retired the petitioner and to direct the respondents to reinstate the appellant with all consequential benefits.

(2.) In this intra-Court appeal, the petitioner seeks quashment of order dated 24.3.2007 by which the petitioner is being retired under Clause B of Sub-rule 1 of Rule 42 the M.P. Civil Services (Pension) Rules, 1996 on completion of 20 years of service.

(3.) Brief facts are that the appellant was working as "Field Man" since the year 1986 in the department of Gramoudyog Sericulture, District Shahdol. He had served for last more than 20 years satisfactorily and his integrity had never been doubtful. Only two adverse confidential reports in the year 2003-2004 and also of the year 2004-2005 were communicated to him. The respondents invoking the powers conferred by Madhya Pradesh Civil Services (Pension) Rules, 1976 vide Rule 42(1)(b), compulsorily retired the appellant w.e.f. 26.3.2007 vide Annexure-P/2. The appellant filed a writ petition before this Court, challenging the legality, validity and propriety of the order dated 24.3.2007, whereby he has been compulsorily retired and also order dated 24.5.2007 by which the departmental appeal preferred by the petitioner has been dismissed.